presumption defense in Connecticut

18 Connecticut opinions name it 3 courts 1904–2021 1 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
State v. Fabricatoregreen conn · 2007 · cited in 2 Connecticut opinions naming this issue, 2016–2016 2 sentences 2016State v. Kitchens, supra, 299 Conn. 470 (‘‘[t]he rationale for declining to review jury instruc- tion claims when the instructional error was induced or the claim was implicitly waived is precisely the same: [t]o allow [a] defendant to seek reversal [after] . . . his trial strategy has failed would amount to allowing him to [induce potentially harmful error and then] . . . ambush the state [and the trial court] with that claim on appeal’’ [internal quotation marks omitted]); accord State v. Fabricatore, 281 Conn. 469, 482 , 915 A.2d 872 (2007); State v. Gibson, 270 Conn. 55, 67 , 850 A.2d 1040 2016State v. Kitchens, supra, 299 Conn. 470 (‘‘[t]he rationale for declining to review jury instruc- tion claims when the instructional error was induced or the claim was implicitly waived is precisely the same: [t]o allow [a] defendant to seek reversal [after] . . . his trial strategy has failed would amount to allowing him to [induce potentially harmful error and then] . . . ambush the state [and the trial court] with that claim on appeal’’ [internal quotation marks omitted]); accord State v. Fabricatore, 281 Conn. 469, 482 , 915 A.2d 872 (2007); State v. Gibson, 270 Conn. 55, 67 , 850 A.2d 1040	2	2
Gristede's Foods, Inc. v. Unkechuage Nationgreen nyed · 2009 · cited in 1 Connecticut opinions naming this issue, 2021–2021 1 sentence 2021Once [an entity] has done so, the burden to prove that immunity has been abrogated or waived would then fall to the plaintiff.’’); Gristede’s Foods, Inc. v. Unkechuage Nation, 660 F. Supp. 2d 442, 466 (E.D.N.Y. 2009) (‘‘the burden of proof for an entity asserting immunity as an arm of a sovereign tribe is on the entity to establish that it is, in fact, an arm of the tribe’’); People ex rel.	1	1
Turner v. Comm'r of Corr.green conn · 2016 · cited in 1 Connecticut opinions naming this issue, 2018–2018 2 sentences 2018Achieving harmony in the habeas rules, a value Holliday exhorts, is fully in accord with the presumption of a hearing entitlement embodied in Mercer, whereas the view espoused in Holliday negates by implication the overarch- ing and enduring admonition of Mercer. 9 See, e.g., Turner v. Commissioner of Correction, 163 Conn. App. 556 , 563, 134 A.3d 1253 (applying General Statutes § 52-212a and Practice Book § 17-4, which govern motions to open and set aside civil judgments), cert. denied, 323 Conn. 909 , 149 A.3d 980 (2016); Kendall v. Commissioner of Correction, supra, 162 Conn. 46 (applying P 2018Achieving harmony in the habeas rules, a value Holliday exhorts, is fully in accord with the presumption of a hearing entitlement embodied in Mercer, whereas the view espoused in Holliday negates by implication the overarch- ing and enduring admonition of Mercer. 9 See, e.g., Turner v. Commissioner of Correction, 163 Conn. App. 556 , 563, 134 A.3d 1253 (applying General Statutes § 52-212a and Practice Book § 17-4, which govern motions to open and set aside civil judgments), cert. denied, 323 Conn. 909 , 149 A.3d 980 (2016); Kendall v. Commissioner of Correction, supra, 162 Conn. 46 (applying P	1	1
State v. Childreegreen conn · 1983 · cited in 1 Connecticut opinions naming this issue, 1995–1995 2 sentences 1995See State v. Childree, 189 Conn. 114, 123 , 454 A.2d 1274 (1983). 1995See State v. Childree, 189 Conn. 114, 123 , 454 A.2d 1274 (1983).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (22)

Case	Cited	Years
Mercer v. Commissioner of Correction green conn · 1994 2 sentences 2020The court, however, noted a narrow exception to the presumption that a hearing is required. ‘‘[I]f a previous application brought on the same grounds was denied, the pending application may be dismissed without hearing, unless it states new facts or proffers new evidence not reasonably available at the previous hearing.’’ (Internal quotation marks omit- ted.) Id. 2020The court, however, noted a narrow exception to the presumption that a hearing is required. ‘‘[I]f a previous application brought on the same grounds was denied, the pending application may be dismissed without hearing, unless it states new facts or proffers new evidence not reasonably available at the previous hearing.’’ (Internal quotation marks omit- ted.) Id.	2	2020–2020
State v. Gibson green conn · 2004 2 sentences 2016State v. Kitchens, supra, 299 Conn. 470 (‘‘[t]he rationale for declining to review jury instruc- tion claims when the instructional error was induced or the claim was implicitly waived is precisely the same: [t]o allow [a] defendant to seek reversal [after] . . . his trial strategy has failed would amount to allowing him to [induce potentially harmful error and then] . . . ambush the state [and the trial court] with that claim on appeal’’ [internal quotation marks omitted]); accord State v. Fabricatore, 281 Conn. 469, 482 , 915 A.2d 872 (2007); State v. Gibson, 270 Conn. 55, 67 , 850 A.2d 1040 2016State v. Kitchens, supra, 299 Conn. 470 (‘‘[t]he rationale for declining to review jury instruc- tion claims when the instructional error was induced or the claim was implicitly waived is precisely the same: [t]o allow [a] defendant to seek reversal [after] . . . his trial strategy has failed would amount to allowing him to [induce potentially harmful error and then] . . . ambush the state [and the trial court] with that claim on appeal’’ [internal quotation marks omitted]); accord State v. Fabricatore, 281 Conn. 469, 482 , 915 A.2d 872 (2007); State v. Gibson, 270 Conn. 55, 67 , 850 A.2d 1040	2	2016–2016
State v. Cruz green conn · 2004 2 sentences 2016State v. Kitchens, supra, 299 Conn. 470 (‘‘[t]he rationale for declining to review jury instruc- tion claims when the instructional error was induced or the claim was implicitly waived is precisely the same: [t]o allow [a] defendant to seek reversal [after] . . . his trial strategy has failed would amount to allowing him to [induce potentially harmful error and then] . . . ambush the state [and the trial court] with that claim on appeal’’ [internal quotation marks omitted]); accord State v. Fabricatore, 281 Conn. 469, 482 , 915 A.2d 872 (2007); State v. Gibson, 270 Conn. 55, 67 , 850 A.2d 1040 2016State v. Kitchens, supra, 299 Conn. 470 (‘‘[t]he rationale for declining to review jury instruc- tion claims when the instructional error was induced or the claim was implicitly waived is precisely the same: [t]o allow [a] defendant to seek reversal [after] . . . his trial strategy has failed would amount to allowing him to [induce potentially harmful error and then] . . . ambush the state [and the trial court] with that claim on appeal’’ [internal quotation marks omitted]); accord State v. Fabricatore, 281 Conn. 469, 482 , 915 A.2d 872 (2007); State v. Gibson, 270 Conn. 55, 67 , 850 A.2d 1040	2	2016–2016
State v. Harrison green conn · 1994 2 sentences 2006In Elijah , this court further stated: “The presumption that defense counsel has explained the elements of the offense to the defendant arises only in limited circumstances where the record clearly supports that presumption.” Id. 1996“The presumption that defense counsel has explained the elements of the offense to the defendant arises only in limited circumstances where the record clearly supports that presumption.” State v. Elijah, 34 Conn. App. 595, 599 , 642 A.2d 735 , cert. denied, 231 Conn. 907 , 648 A.2d 157 (1994).	2	1996–2006
Fuller v. Commissioner of Correction green conn · 2003 2 sentences 2018Achieving harmony in the habeas rules, a value Holliday exhorts, is fully in accord with the presumption of a hearing entitlement embodied in Mercer, whereas the view espoused in Holliday negates by implication the overarch- ing and enduring admonition of Mercer. 9 See, e.g., Turner v. Commissioner of Correction, 163 Conn. App. 556 , 563, 134 A.3d 1253 (applying General Statutes § 52-212a and Practice Book § 17-4, which govern motions to open and set aside civil judgments), cert. denied, 323 Conn. 909 , 149 A.3d 980 (2016); Kendall v. Commissioner of Correction, supra, 162 Conn. 46 (applying P 2018See, e.g., Turner v. Commissioner of Correction , 163 Conn. App. 556 , 563, 134 A.3d 1253 (applying General Statutes § 52-212a and Practice Book § 17-4, which govern motions to open and set aside civil judgments), cert. denied, 323 Conn. 909 , 149 A.3d 980 (2016) ; Kendall v. Commissioner of Correction , supra, 162 Conn. at 46, 130 A.3d 268 (applying Practice Book § 15-6, which allows for opening argument in civil trials before court or jury); Carmon v. Commissioner of Correction , 148 Conn. App. 780 , 785-86, 87 A.3d 595 (2014) (holding that General Statutes § 52-119 and Practice Book § 10-18	1	2018–2018
Rocque v. Sound Manufacturing, Inc. green conn · 2003 2 sentences 2018Achieving harmony in the habeas rules, a value Holliday exhorts, is fully in accord with the presumption of a hearing entitlement embodied in Mercer, whereas the view espoused in Holliday negates by implication the overarch- ing and enduring admonition of Mercer. 9 See, e.g., Turner v. Commissioner of Correction, 163 Conn. App. 556 , 563, 134 A.3d 1253 (applying General Statutes § 52-212a and Practice Book § 17-4, which govern motions to open and set aside civil judgments), cert. denied, 323 Conn. 909 , 149 A.3d 980 (2016); Kendall v. Commissioner of Correction, supra, 162 Conn. 46 (applying P 2018See, e.g., Turner v. Commissioner of Correction , 163 Conn. App. 556 , 563, 134 A.3d 1253 (applying General Statutes § 52-212a and Practice Book § 17-4, which govern motions to open and set aside civil judgments), cert. denied, 323 Conn. 909 , 149 A.3d 980 (2016) ; Kendall v. Commissioner of Correction , supra, 162 Conn. at 46, 130 A.3d 268 (applying Practice Book § 15-6, which allows for opening argument in civil trials before court or jury); Carmon v. Commissioner of Correction , 148 Conn. App. 780 , 785-86, 87 A.3d 595 (2014) (holding that General Statutes § 52-119 and Practice Book § 10-18	1	2018–2018
Fuller v. Commissioner of Correction green connappct · 2003 2 sentences 2018Achieving harmony in the habeas rules, a value Holliday exhorts, is fully in accord with the presumption of a hearing entitlement embodied in Mercer, whereas the view espoused in Holliday negates by implication the overarch- ing and enduring admonition of Mercer. 9 See, e.g., Turner v. Commissioner of Correction, 163 Conn. App. 556 , 563, 134 A.3d 1253 (applying General Statutes § 52-212a and Practice Book § 17-4, which govern motions to open and set aside civil judgments), cert. denied, 323 Conn. 909 , 149 A.3d 980 (2016); Kendall v. Commissioner of Correction, supra, 162 Conn. 46 (applying P 2018Achieving harmony in the habeas rules, a value Holliday exhorts, is fully in accord with the presumption of a hearing entitlement embodied in Mercer, whereas the view espoused in Holliday negates by implication the overarch- ing and enduring admonition of Mercer. 9 See, e.g., Turner v. Commissioner of Correction, 163 Conn. App. 556 , 563, 134 A.3d 1253 (applying General Statutes § 52-212a and Practice Book § 17-4, which govern motions to open and set aside civil judgments), cert. denied, 323 Conn. 909 , 149 A.3d 980 (2016); Kendall v. Commissioner of Correction, supra, 162 Conn. 46 (applying P	1	2018–2018
Carmon v. Commissioner of Correction green connappct · 2014 2 sentences 2018Achieving harmony in the habeas rules, a value Holliday exhorts, is fully in accord with the presumption of a hearing entitlement embodied in Mercer, whereas the view espoused in Holliday negates by implication the overarch- ing and enduring admonition of Mercer. 9 See, e.g., Turner v. Commissioner of Correction, 163 Conn. App. 556 , 563, 134 A.3d 1253 (applying General Statutes § 52-212a and Practice Book § 17-4, which govern motions to open and set aside civil judgments), cert. denied, 323 Conn. 909 , 149 A.3d 980 (2016); Kendall v. Commissioner of Correction, supra, 162 Conn. 46 (applying P 2018Achieving harmony in the habeas rules, a value Holliday exhorts, is fully in accord with the presumption of a hearing entitlement embodied in Mercer, whereas the view espoused in Holliday negates by implication the overarch- ing and enduring admonition of Mercer. 9 See, e.g., Turner v. Commissioner of Correction, 163 Conn. App. 556 , 563, 134 A.3d 1253 (applying General Statutes § 52-212a and Practice Book § 17-4, which govern motions to open and set aside civil judgments), cert. denied, 323 Conn. 909 , 149 A.3d 980 (2016); Kendall v. Commissioner of Correction, supra, 162 Conn. 46 (applying P	1	2018–2018
State v. Kitchens green conn · 2011 2 sentences 2016State v. Kitchens , supra, 299 Conn. at 470 , 10 A.3d 942 ("[t]he rationale for declining to review jury instruction claims when the instructional error was induced or the claim was implicitly waived is precisely the same: [t]o allow [a] defendant to seek reversal [after] ... his trial strategy has failed would amount to allowing him to [induce potentially harmful error and then] ... ambush the state [and the trial court] with that claim on appeal" [internal quotation marks omitted] ); accord State v. Fabricatore , 281 Conn. 469 , 482, 915 A.2d 872 (2007) ; State v. Gibson , 270 Conn. 55 , 67, 2016State v. Kitchens , supra, 299 Conn. at 470 , 10 A.3d 942 ("[t]he rationale for declining to review jury instruction claims when the instructional error was induced or the claim was implicitly waived is precisely the same: [t]o allow [a] defendant to seek reversal [after] ... his trial strategy has failed would amount to allowing him to [induce potentially harmful error and then] ... ambush the state [and the trial court] with that claim on appeal" [internal quotation marks omitted] ); accord State v. Fabricatore , 281 Conn. 469 , 482, 915 A.2d 872 (2007) ; State v. Gibson , 270 Conn. 55 , 67,	1	2016–2016
State v. Lopez green conn · 2004 1 sentence 2006Elijah is ten years older than State v. Lopez, supra, 269 Conn. 799 , and directly conflicts with Lopez .	1	2006–2006
Ryan v. George L. Lilley Co. green conn · 1936 1 sentence 1999Ryan v. Lilley Co. , 121 Conn. 26 , 30 (1936).	1	1999–1999
Morford v. Peck green conn · 1878 1 sentence 1998Morford v. Peck, 46 Conn. 380 , 385 (1878).	1	1998–1998
Anderson v. Town of Litchfield green connappct · 1985 1 sentence 1996Id., 29-30 .	1	1996–1996
State v. Elijah green connappct · 1994 2 sentences 1996“The presumption that defense counsel has explained the elements of the offense to the defendant arises only in limited circumstances where the record clearly supports that presumption.” State v. Elijah, 34 Conn. App. 595, 599 , 642 A.2d 735 , cert. denied, 231 Conn. 907 , 648 A.2d 157 (1994). 1996“The presumption that defense counsel has explained the elements of the offense to the defendant arises only in limited circumstances where the record clearly supports that presumption.” State v. Elijah, 34 Conn. App. 595, 599 , 642 A.2d 735 , cert. denied, 231 Conn. 907 , 648 A.2d 157 (1994).	1	1996–1996
State v. Tate green conn · 1994 1 sentence 1996“The presumption that defense counsel has explained the elements of the offense to the defendant arises only in limited circumstances where the record clearly supports that presumption.” State v. Elijah, 34 Conn. App. 595, 599 , 642 A.2d 735 , cert. denied, 231 Conn. 907 , 648 A.2d 157 (1994).	1	1996–1996
Kavarco v. T. J. E., Inc. green connappct · 1984 1 sentence 1993Id.	1	1993–1993
State v. Greco green conn · 1990 2 sentences 1991The presumption is a rule of statutory construction that may be rebutted “by showing a clear legislative intent that the two statutes be treated as one for double jeopardy purposes.” Id.; State v. Greco, 216 Conn. 282, 293 , 579 A.2d 84 (1990); State v. Fudge, 20 Conn. App. 665, 669 , 569 A.2d 1145 , cert. denied, 214 Conn. 807 , 573 A.2d 321 (1990). 1991The presumption is a rule of statutory construction that may be rebutted “by showing a clear legislative intent that the two statutes be treated as one for double jeopardy purposes.” Id.; State v. Greco, 216 Conn. 282, 293 , 579 A.2d 84 (1990); State v. Fudge, 20 Conn. App. 665, 669 , 569 A.2d 1145 , cert. denied, 214 Conn. 807 , 573 A.2d 321 (1990).	1	1991–1991
State v. Fudge neutral connappct · 1990 2 sentences 1991The presumption is a rule of statutory construction that may be rebutted “by showing a clear legislative intent that the two statutes be treated as one for double jeopardy purposes.” Id.; State v. Greco, 216 Conn. 282, 293 , 579 A.2d 84 (1990); State v. Fudge, 20 Conn. App. 665, 669 , 569 A.2d 1145 , cert. denied, 214 Conn. 807 , 573 A.2d 321 (1990). 1991The presumption is a rule of statutory construction that may be rebutted “by showing a clear legislative intent that the two statutes be treated as one for double jeopardy purposes.” Id.; State v. Greco, 216 Conn. 282, 293 , 579 A.2d 84 (1990); State v. Fudge, 20 Conn. App. 665, 669 , 569 A.2d 1145 , cert. denied, 214 Conn. 807 , 573 A.2d 321 (1990).	1	1991–1991
State v. Joyner neutral connappct · 1986 2 sentences 1988State v. Joyner, 6 Conn. App. 469, 470 , 506 A.2d 561 (1986). 1988State v. Joyner, 6 Conn. App. 469, 470 , 506 A.2d 561 (1986).	1	1988–1988
Henderson v. Morgan green scotus · 1976 2 sentences 1983I do agree that the plea to the larceny charge cannot stand and that "the deficiency of this plea impaired the voluntariness and intelligence of the pleas to first degree robbery and third degree assault." I do not, however, read or regard Henderson v. Morgan, 426 U.S. 637 , 96 S. Ct. 2253 , 49 L. 1983I do agree that the plea to the larceny charge cannot stand and that "the deficiency of this plea impaired the voluntariness and intelligence of the pleas to first degree robbery and third degree assault." I do not, however, read or regard Henderson v. Morgan, 426 U.S. 637 , 96 S. Ct. 2253 , 49 L.	1	1983–1983
State v. Harris green conn · 1982 1 sentence 1983Id., 286 .	1	1983–1983
State v. Hoyt green conn · 1878 2 sentences 1904State v. Hoyt, 46 Conn. 330 ; State v. Lee, 69 id. 288 186, 199; Knox's Appeal, 26 id. 20, 22; Barber's Appeal, 63 id. 393, 402. 1904State v. Hoyt, 46 Conn. 330 ; State v. Lee, 69 id. 288 186, 199; Knox's Appeal, 26 id. 20, 22; Barber's Appeal, 63 id. 393, 402.	1	1904–1904

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 53a-54a (5) CT § Conn. Gen. Stat. § 53a-134 (4) CT § Conn. Gen. Stat. § 53a-49 (4) CT § Conn. Gen. Stat. § 53a-59 (4) CT § Conn. Gen. Stat. § 23-29 (3) CT § Conn. Gen. Stat. § 23-40 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 159 (1926–2026) MI 135 (1857–2026) CA 90 (1866–2026) MO 51 (1858–2024) IL 46 (1890–2026) OH 44 (1956–2026) IN 43 (1896–2025) NY 39 (1904–2026) WA 32 (1894–2026) FL 30 (1914–2025) NJ 28 (1895–2026) MD 27 (1868–2026) PA 26 (1916–2025) AK 23 (1974–2025) OK 21 (1924–2012) CT 18 (1904–2021) AL 18 (1873–2026) GA 17 (1927–2024) MN 17 (1940–2024) UT 16 (1887–2025) MS 15 (1894–2013) OR 15 (1914–2020) WI 14 (1930–2021) HI 13 (1987–2025) NM 13 (1930–2025) WY 13 (1960–2024) ND 13 (1960–2023) IA 12 (1920–2025) CO 12 (1984–2024) MA 11 (1903–2024) TN 10 (1992–2019) AZ 10 (1970–2026) VA 10 (1903–2024) MT 10 (1896–2025) NE 9 (1906–2025) AR 9 (1968–2002) DC 9 (1986–2024) KY 9 (1922–2016) NV 9 (1926–2017) LA 9 (1965–2021) KS 9 (1979–2024) NC 7 (1900–2016) SD 6 (1927–2023) VT 5 (1974–2011) DE 4 (1911–2016) WV 4 (1951–2025) RI 4 (1951–2025) ME 4 (1848–1973) NH 4 (1926–2007) SC 3 (1930–2016) ID 2 (1967–1980)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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